So said Daniel Webster, counsel for the Second Bank of the United States, repeated by Chief Justice Marshal in McCulloch vs Maryland. Those of us yearning for a Supreme nullification of ObamaCare, were splitting hairs of course, expecting that the current Court would deny the individual mandate on grounds of the commerce clause lacking an enumerated power to force American citizens to purchase something, anything -- to engage in commerce. The hair splitting was that the individual mandate couldn't simply be a tax in disguise, instead, because it wasn't written as a tax. After all, words matter; so we thought. The Democrats demurred calling it a tax in the Patient Protection Affordable Care Act , "ACA", bill itself. To do so would have been beyond their reach in political courage, while they singlehandedly wrote and jammed this bill through Capitol Hill onto Obama's desk for signature, gleefully not needing a single Republican vote nor allowing any time beforehand to read and digest its contents. The Supreme Court, ruling substance over....
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